The Eight Note Dilemma

A songwriter recently asked me: Is it copyright infringement if I use eight notes of a hit song melody?

ANSWER: When you think about it, there are only 12 notes in an octave. And only a few of those sound good in a melody. So, really, any eight notes are going to be in plenty of songs. The trick is to make sure your eight notes don’t remind listeners of a song that isn’t yours.  If they do, that’s called “substantial similarity.”

Substantial similarity is one of the tests for copyright infringement. If your eight notes are in the same order and have the same melodic rhythm as a hit song then there’s likely to be too much similarity. And that’s not good.

The truth is there’s NO hard and fast rule that determines how many notes of someone else’s melody you can use in a song of your own. It may only take two or three notes if they feature a very recognizable interval jump or rhythm. But here are some ideas that can help you out. 

Robin’s Interview in Beat Magazine

Q: What makes a great song great?
A: For me, a great song is one that moves listeners emotionally. One that makes them understand something more deeply or see something in a new way. In some ways, a great song actually changes the listener.

Q: What’s your personal ingredient list for what you consider a good song?
A: A good song is one that expresses what the songwriter feels. If, every time you play your song, you say, “Yes, that’s what I felt. That’s what I wanted to say.” Then it’s a good song. A great song is one that communicates your message to listeners and makes them feel what you felt when you wrote it. 

Raw Sound for a Slick TV Commercial

Here’s a luxury perfume commercial (Dior) that features a Rock song with a raw Indie vibe. The song is “Heavy Cross” by  three-piece Rock band Gossip.

No big synthesizer string pads here, no horns, no orchestra banging in and out. This song for a TV commercial is just raw, good-ol’ Rock energy. Electric guitars create big dynamic contrast between sections and drive the beat. The drums back up the guitar in a tight arrangement that adds plenty of punch. That’s all!

Watch the commercial on YouTube.

Basic Broadcast Quality for Film & TV

If you’re pitching your songs to the fast growing film and TV song market – or thinking about it, which you should be! – there is one challenge that seems to overwhelm a lot of songwriters: Broadcast Quality recordings. It may seem like big a deal but it really isn’t. Read on!

For the film & TV song market, your song (or instrumental track) will be used “as is.” Production schedules don’t allow for time to remix or request changes from you. While they will edit the track to fit a scene, that involves only cutting or repeating sections of the song. So, in terms of recording quality, your track needs to be competitive with other tracks that are being used in this market

Also, to really be successful as a film & TV songwriter, you want to create a constant stream of new material. Does that mean you have to hire a pro studio and session musicians, then spend more $$$ and hours mixing every song you want to pitch? It does if every song has to sound like that fully-produced Electro/Dance/Pop track on the radio! Luckily, you don’t have to do that!

Songwriting Trends in TV Commercials

Lately I’ve noticed a whole lot of TV commercials using a similar sound. It’s generally acoustic and organic with a singer-songwriter feel. Some of the selections are taken from songs by known artists like Katie Herzig, others from unknown artists like The Hunts, and still others seem to have been created for the ad. Click on the YouTube videos below to listen to three of the dozen or so I’ve found.